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Bombay High Court

THE ZILLA PARISHAD NANDED THROUGH ITS CHIEF EXECUTIVE OFFICERversusLALITA BALAJI PANCHAL AND ANOTHER

Disposal
DISPOSED OFF

Holding

The Industrial Court's order directing the substitution of respondent No.2 in the waiting list for a compassionate appointment is upheld.

Summary

The Zilla Parishad Nanded filed a writ petition challenging an order of the Industrial Court, Jalna, which directed the appointment of respondent No.2 on compassionate grounds by substituting her name in the waiting list, despite a Government Resolution dated 20‑May‑2015 that purportedly forbids such substitution. The respondents had filed a complaint under sections 26 and 28 of Schedule 4 of the MRTU and PULP Act, seeking compassionate appointments for the widow of a deceased employee and subsequently for her son. The petitioner argued that the policy allows only the first family member who applied to retain the waiting‑list position and that the Court’s order contravened this rule. The respondents relied on a Full Bench judgment of this Court in Kalpana wd/o Vilas Taram vs State of Maharashtra (2024) which permits substitution of another family member under certain circumstances. The High Court, after considering the Full Bench precedent, held that the Industrial Court’s decision was consistent with law and dismissed the writ petition.

Issues considered

  • Whether the Government Resolution of 20‑May‑2015 bars substitution of a family member's name in the waiting list for a compassionate appointment under the MRTU and PULP Act.
  • Whether the Industrial Court erred in directing the appointment of respondent No.2 on compassionate grounds by substituting her name in the waiting list.
  • Interpretation of sections 26 and 28 of Schedule 4 of the MRTU and PULP Act in the context of compassionate appointments.

Legislation cited

  • MRTU and PULP Act — s. 26, 28

Subjects

  • compassionate appointment
  • waiting list
  • government resolution
  • industrial court
  • substitution
  • public service employment
  • Maharashtra

Judgment

2026:BHC-AUG:15020


                                                    1                    wp 4053.25.odt

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                                943 WRIT PETITION NO. 4053 OF 2025

                     The Zilla Parishad Nanded Through Its Chief Executive Officer
                                                  VERSUS
                                    Lalita Balaji Panchal And Another
                                                     ...
                     Advocate for the Petitioner : Ms. Yogita S.Thorat
                     Advocate for Respondents 1,2 : Mr. Uday V Khode
                                                     ...

                                         CORAM : S. G. CHAPALGAONKAR, J.
                                         Dated      : April 08, 2026

                     ORDER :-

                     1.    Present writ petition takes exception to order dated

                     17.12.2024 passed below Exhibit-5 in complaint ULP No.130

                     of 2020 by Industrial Court, Jalna.


                     2.    The respondents filed complaint ULP No.130 of 2020

                     under section 26 and 28 read with Item no.5,9 and 10 of

                     Schedule No.4 of the MRTU and PULP Act against petitioner

                     and also challenged appointment order issued in favour of

                     respondent no.1. It was contention of petitioner that husband

                     of respondent no.1. i.e. Balaji Panchal was employed on

                     establishment of petitioner.       He expired on 22.2.2012. On

                     12.8.2012 application was made by respondent no.1 for

                     appointment on compassionate ground. Lateron, she filed an
                               2                       wp 4053.25.odt

application   to   appoint    his   son   respondent    no.2     on

compassionate ground. However, vide impugned letter dated

16.12.2020 respondent no.1 was appointed. It was contention

of respondent that petitioner never considered application for

giving appointment to the respondent no.2.


3.    Petitioner opposed the complaint contending that as per

Government Resolution dated 20.5.2015 appointment can be

given to one of the family member. Name of respondent no.1

was inserted in waiting list and there is no provision to replace

the name included in waiting list by any other family member.

The Industrial Court, after considering rival submissions

allowed the complaint vide judgment and order dated

17.12.2024 and directed the petitioner to give employment to

respondent no.2 on compassionate ground by substituting her

name in waiting list.


4.    Smt. Yogita Thorat, learned advocate appearing for the

petitioner submits that petitioner is bound by the policy laid

down under the Government Resolution.          In terms of said

policy, there is no provision to replace the name of first

applicant/family member, who raised claim for appointment on

compassionate ground.        However, directions by Industrial
                                   3                    wp 4053.25.odt

Court are contrary to the policy laid down by State

Government. As such, impugned order is liable to be quashed

and set aside.


5.       Per contra, learned advocate appearing for respondents

invited attention of this Court to the Full Bench judgment of

this Court in case of Kalpana wd/o. Vilas Taram Vs State of

Maharashtra reported in 2024 (4) Mh.L.J. 312 to contend that

a policy relating to compassionate appointment does not

prohibit substitution of name of another family member, who

has applied on account of either crossing the age of member of

45 years or for some other reason.

6.       In light fo the aforesaid exposition of law by Full Bench

of this Court, contention raised on behalf of petitioner-Zilla

Parishad does not hold water. The Industrial Court has rightly

considered rival contentions and legal position as discernible

from Full Bench Judgment of this Court, which holds the field

as on today.


7.       In that view of matter, there is no merit in writ petition.

Hence, writ petition stands rejected.


                                       ( S. G. CHAPALGAONKAR, J. )
AAA/-f                      ……..


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